Tag Archives: e3 visa history

The E-3 visa officially began on October 1, 2005 and a subsequent and separate Act passed by US Congress in 2005 following the AUSFTA (Australia & United States Free Trade Agreement) during that year. The idea behind the E-3 visa was that Australians now had a secondary route to work professionally in the US outside the long standing route of the H-1B visa which is available to all foreign nationals to the US and has an annual cap of 85,000. Given the H-1B visa is global it is of course far more competitive sometimes running out in a matter of days from the opening of application acceptance.

No need for an application petition to the USCIS (United States Custom & Immigration Service)

Ability for a spouse of the E-3 visa holder (regardless of nationality) to also work in the US

Ability to apply for the visa at any time of the year (i.e. season is always open)

Is for 2 years but renewable indefinitely

At the time many Australians rejoiced thinking that the ability to work in the US suddenly became a whole lot easier. In some ways that was true with Australia now second to probably Canadian citizens via the TN visawith access ease to working in the US. However a fundamental misunderstanding by both the Howard Government and thus Media and General Public as to how the US Immigration system worked ensued and thus a lot of misinformation spread.While the above advantages are certainly beneficial the mechanics of finding and getting a job, having an employer agree to sponsor, having to do a US consulate interview and otherwise be a party to the US Immigration system (or mess of a system) still remained. Unlike the UK where many more Australian professionals head to work;

You have to have an employer and job offer prior to being able to apply for the E-3 Visa

You have to go through a US Consulate Interview

During that interview you have to demonstrate strong ties to Australia (the E-3 visa is NOT a Green Card)

The rate of pay has to equal or more to the average wage for that role in that city where you plan to work

You can’t immediately start working once a job offer is made as you need have your E-3 visa approval first

It is not easy to transfer to a new job under the E-3 visa

Given all of that the table below shows the amount of used and unused E-3 visas over the last few years

YEAR

E3 Visas Issued

Unused E-3 Visas

FY2006

1,918

8,582

FY2007

2,572

7,928

FY2008

2,961

7,539

FY2009

2,191

8,309

FY2010

2,175

8,325

As is immediately evident about 75-80% on average of the E-3 visas each US Immigration year have not been used up (if unused they do NOT get added to the following year’s quota). In fact in the last couple of years the E-3 visa numbers have declined significantly although it should be noted that if you compare it to the H-1B visa during those years there was even a very slow takeup of those visas b/c of the Recessions and slow recovery in the US.

Some Australians still opt for the H-1B visa route mainly for a couple of reasons but in the current year and the year of 2005 (immediately prior the E-3 visa going live) this has only number a little over 500 of that 85,000 total (about 0.6% of the global total);

H-1B period is for 3 years so requires less renewal

H-1B visa allows a portability provision making it easier to switch employers